The purpose of this chapter is to prohibit any commercial enterprise
from presenting, engaging in or disseminating any obscene exhibitions or material
for profit. It is not intended to suppress or inhibit the free exchange of
ideas or artistic expression nor to regulate the behavior of individuals in
the privacy of their own residences. This chapter is enacted for promoting
and protecting the general welfare of the Town of Alfred.
As used in this chapter, the following terms shall have the meanings
indicated:
COMMERCIAL ENTERPRISE
Any business, corporation, association, partnership or natural person
or any trustee, lessee, agent, assign or other legal entity of any of the
above.
DISSEMINATE
To import, publish, produce, print, manufacture, distribute, sell,
lease, rent, exhibit or display.
ENGAGE IN
To solicit, produce, direct, finance, physically participate in,
compensate others for, further the interest of or otherwise be involved with
the proscribed conduct.
EXHIBIT OR EXHIBITION
Any aural, visual or tactile performance, dramatization, simulation
of, show or display which includes any amount of human, animal or animated
conduct presented by a live performance or by silhouette.
MATERIAL
Any printed matter, visual representation or sound recording, including
but not limited to books, magazines, motion pictures, photographs, figures,
statues or other types of representation or embodiment.
OBSCENE
Any conduct, exhibit or material of a sexual nature which:
A.
To the average individual applying contemporary standards considered
as a whole, appeals to prurient interests.
B.
Presents in a patently offensive manner actual or simulated sexual acts,
sodomy, bestiality, excretory functions, masturbation, direct stimulation
of male or female or animal genitals, flagellation or torture in the context
of sexual acts or gratification or exhibits of male or female genitals, pubic
area, buttocks or the female breast at or below the areola area.
C.
Considered as a whole, lacks serious literary, artistic, political or
scientific value.
PRESENT
To show, reveal, display or expose to any person.
If any section, subsection, sentence, clause or phrase of this chapter
is for any reason held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portions of this chapter.